@l/21/ 2818 Jan 22 2010 16:18 11: 668 8584146749 DEPR OGA State of Florida PAGE Department of Business and Professional Reghilation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS SUBWAY FAMOUS FOOTLONG SANDWICH 'cerse Numbef 1610873 Respondent Case Number 2009042502 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petriioner’), files this Administrative Complaint agamst su SANDWICH, (‘Respondent’), and says IBWAY FAMOUS FOOTLONG 1 Petitioner ts the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes 2 Respondent ts, and has been at all times matenal hereto, licensed by or 5 ubject to the junsdiction of the Division of Hotels and Restaurants The respondent's business address of record is 1376 NW 40 AVE, LAUDERHILL, FLORIDA 233135837 The mailing address oflrecord is SUBWAY FAMOUS FOOTLONG SANDWICH, at 1375 NW 40 AVE, LAUDERHILL, FLORIDA 333135837 | 3. Inspection of this establishment conducted pursuant to See 509 032, Florida Statutes, revealed viclations of the provisions of Chapter 509, Flonda Statutes, and /or the rules promulgated thereto governing operation of the establishment The viclation(s) found and appleable law lave described tn Exhibit "A,” attached hereto and ncorporated herein by reference Inspection documents are attached as Exhibit “B”, incorparated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or mare of the following penalties administrative fine not to exceed $1,000 per offense, suspension, n issued pursuant to this Chapter, and/or any other relief authonzed|by Chapter rules promulgated thereto ye \ | 1. Signed August 18, 2009 Ken Buck, District Manager By delegaton of the Director, Department of Business &P Division of Hatels! & ess & Pipe COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service ! BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: vocation, or refusal of a license 609, Flonda Statutes, or the 1 or designee fessional Regulation | HEREBY CERTIFY that a true and correct copy of the foregoing AOMINISTRATIVE COMPLAINT has been hand served by me on this. Received by Inspector's Signature Title Title Case Number 2008042502 File Nurnber 102517 License Number 1610973 2010 SUBWAY FAMQUS FOOTLONG SANDWICH Operator's St day of , 2009 nature Orstnet Number 02 Form raviged 07 15 09 a3/@5 Jan 22 2010 16:18 1/21/2818 11:48 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 1610973 License Type. 2010 PERMANENT FOOD SERVICE ‘ \ Case Number, 2009042502 “FC" as crted herein references specific provisions of the Food Code, Recommendations of the Unitad States Public Heath Service, Food and Drug Admintatration, incorporated by Chapter 61C, Florida Administrative Code "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prévention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Admmistrative Gade “" denotes a cntical violation, tis alleged that on May 6, 2009, July 29, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars, Copy(s) of the report(s) for the above referenced insplctron(s) aré attached hereto and incorporated by reference as Exhibit B 1.38-07-1 §-202 11 FC:. LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE ISHIELDED! COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOO, CUEAN EQUIPMENT, UTENSILS, AND LINENS, OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (8) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF. (1) THE INTEGRITY] OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM, AND (2) THE RACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE! COATINGS OR COVERS...DISH WASHING AREA. | * 2.53B-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE|TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS.REGULATEO UNDER THIS CHAPTER THESE STANDARDS SHALL NOT INGLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL IT SHALL BE THE DUTY OF THE vi OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LIGENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001 FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 14, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT | CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALIO FOR 3 YEARS OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED! ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. . Case Number 2009042502 — File Number 102941 Custrict Number 02 License Number 1670973 2070 ’ Form revised 07 15 09 SUBWAY FAMOUS FOOTLONG SANDWICH

Docket for Case No: 10-000370